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Case against officer who killed neighbor to go to grand jury

Amber Guyger (Kaufman County Jail / FOX News)

Amber Guyger (Kaufman County Jail / FOX News)

Posted: Sep 10 2018 06:58AM EDT

Updated: Sep 10 2018 12:29PM EDT

DALLAS - (AP) -- The case against a white Dallas police officer who shot and killed a black neighbor in his home will be presented to a grand jury, which could decide on more serious charges than manslaughter, the district attorney overseeing the case said Monday.

Dallas County District Attorney Faith Johnson said her office will first collect all of the evidence surrounding Thursday's fatal shooting by Dallas officer Amber Guyger, who told authorities that she had mistaken the neighbor's apartment for her own.

She was arrested Sunday night and booked into jail in neighboring Kaufman County before being released on bond.

When asked why Guyger was allowed to surrender somewhere other than Dallas County's jail, Johnson said the decision was made by the Texas Rangers, who are also investigating.

Mayor Mike Rawlings said the officer parked on the wrong floor of the complex's garage after getting home from work Thursday night. That was shortly before she shot 26-year-old Botham Jean.

The Dallas County medical examiner's office said on Monday that he died of a gunshot wound to the chest. His death was ruled a homicide.

Lawyers for Jean's family had called for Guyger's arrest, saying the fact that she remained free for days after the shooting showed she was receiving favorable treatment. Shortly before her arrest was announced, they held a news conference in which they said their legal team had presented prosecutors with new evidence -- a witness and video footage. They did not provide details.

The group Mothers Against Police Brutality said the arrest was a "first step" toward justice and accountability but should have come sooner. Co-founder Sara Mokuria said the group expects transparency in the case going forward.

On the day after the shooting, Police Chief U. Renee Hall said her department was seeking manslaughter charges against Guyger, a four-year veteran of the police force. But Hall said Saturday that the Texas Rangers asked her department to hold off because they had learned new information and wanted to investigate further before a warrant was issued.

The district attorney will also have the option of presenting more serious charges to the grand jury.

Meanwhile, Jean's family hired attorney Benjamin Crump, who is best known for representing the families of Trayvon Martin and Michael Brown.

According to police, Guyger shot and killed Jean after returning in uniform to the South Side Flats complex, where they both had apartments, following her shift.

Guyger's blood was drawn at the scene to be tested for alcohol and drugs, Hall said, but authorities have not released results.

Jean's mother, Allison Jean, wondered whether race could have been a factor. Her son grew up in the Caribbean island nation of St. Lucia before attending college in Arkansas.

"If it was a white man, would it have been different? Would she have reacted differently?" Allison Jean said Friday.

Jean wasn't the first person shot by Guyger. She shot a man named Uvaldo Perez on May 12, 2017, while on duty.

According to an affidavit filed against Perez, police were looking for a suspect when Guyger and another officer were called to assist a third officer. Perez got out of a car and became combative with Guyger and another officer. A struggle began and Guyger fired her Taser at Perez, who then wrested it away from her. She then drew her gun and fired, wounding Perez in the abdomen.

Sgt. Mike Mata, president of Dallas' largest police union, the Dallas Police Association, called Saturday for an "open, transparent and full investigation of the event," the Dallas Morning News reported.

He described Jean as an "amazing individual" and said that "if the grand jury deems necessary, this officer should have to answer for her actions in a court of law in Dallas County."

Friends and family gathered Saturday at the Dallas West Church of Christ to remember Jean, who had worked for accounting firm PwC since graduating in 2016 from Harding University, where he often led campus religious services as a student.